The Anuradhapura High Court has ordered both the prosecution and the defense to submit their arguments on October 9 in the case against a couple charged in connection with the death of their child, who suffered from thalassemia, after the parents refused to consent to a blood transfusion for the child. The order was issued by North Central Provincial High Court Judge Indika Attanayake.
The defendants, identified as H.M. Samarakoon Bandara and P.G. Asheerangani Tennakoon, a teacher, are accused of neglecting and abusing their child by opposing and refusing to consent to a blood transfusion in Anuradhapura around March 21, 2003. Indictments have been filed against the couple under Section 308A(2) of the Penal Code, as amended by Act No. 22 of 1995, which relates to cruelty to or neglect of children. The Attorney General has additionally filed charges against them for culpable homicide not amounting to murder under Section 298 of the Penal Code.
The case originated after media reports surfaced regarding the child’s death, which was attributed to the parents’ refusal to allow a blood transfusion. Following a complaint from the Child Protection Commissioner, the Anuradhapura Headquarters Police launched an investigation under the direction of the Anuradhapura Magistrate. As part of the investigation, the child’s body was exhumed and a post-mortem examination was conducted by then-Specialist Judicial Medical Officer Dhananjaya Vedaprashastha of Anuradhapura Teaching Hospital. The parents were subsequently arrested and produced before the court.
According to a statement given to police by Dr. W.M. Senarath Dayananda Bandara, a pediatric specialist at Anuradhapura Teaching Hospital, medical staff had informed the parents that a blood transfusion was necessary for the child, who was admitted to Ward 5 of the hospital. The doctor stated that the parents objected, saying they believed the child could be cured through prayer according to their religious beliefs. As the transfusion was deemed essential to save the child’s life, the child was moved to the Pediatric Intensive Care Unit, where the parents reportedly continued to pressure the attending doctor. Dr. Bandara said that due to this pressure and the parents’ refusal, the child’s condition worsened and the child ultimately died.
Following a preliminary non-summary inquiry at the Anuradhapura Magistrate’s Court, the case was referred to the Anuradhapura High Court for trial. Government Attorney Nirosh de Silva is representing the prosecution, having taken over from Government Attorney Yomali Nagodawithana, while President’s Counsel Gavendra Fernando is representing the defendant parents. Former Specialist Judicial Medical Officer Dhananjaya Vedaprashastha is among those named as witnesses in the case.
Under Sri Lankan law, culpable homicide not amounting to murder generally refers to causing death without the specific intent required for a murder charge, but with knowledge or a reasonable expectation that the act or omission could cause death. Section 308A of the Penal Code deals with cruelty to children, covering acts of neglect, abandonment, or exposure that cause unnecessary suffering or injury to a child’s health.
The parents have not been convicted and are presumed innocent unless proven guilty in a court of law. The case remains ongoing, with the High Court set to consider written submissions from both the prosecution and defense on October 9.
Source: Gossiplankanews.com
